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VEENA MISRA, R.S.AWASTHI, V.K.AGRAWAL
DENA BANK – Appellant
Versus
BABULAL SHARMA – Respondent


Advocates:
Counsel for the Parties :
For the Appellant :Mr. R.K. Shukla, Advocate.
For the Respondent:Mr. N.K. Thakur, Advocate.

ORDER

Mr. Justice V.K. Agrawal, President—This appeal, under Section 15 of the Consumer Protection Act, 1986, is directed against the order dated 11.9.2002 in Complaint No. 167/2002 by the District Consumer Disputes Redressal Forum, Raipur (hereinafter called the ‘District Forum’ for short) directing the appellant Bank to pay to the respondent Rs. 1,00,000/- with interest @ 9% p.a.

2. Undisputably, the complainant/respondent had a Savings Bank account with the appellant Bank with cheque facility. It is also not in dispute that the complainant/respondent issued 4 cheques in favour of one Madanlal Sharma being Nos. 5283087, 5283088, 5283089 and 5283090. However, it appears that on account of some dispute having arisen between the complainant/respondent and the said Madanlal Sharma, the complainant/respondent gave the appellant Bank letter dated 16.12.2000, requesting them for stop payment of the said cheques. It is further not in dispute that 2 cheques bearing Nos. 5283089 and 5283090 for Rs. 1.00 lac out of the said 4 cheques were presented subsequently and were encashed. Thus, an amount of Rs. 1.00 lac was paid by the appellant Bank to the drawee of the cheques namely, Madanlal Sharm












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